ROCK MUSIC MENU: Stairway to thievery?

The attorney for the family of Randy California, the late guitarist of of the rock group Spirit, is suing Led Zeppelin, claiming that the chord progression from Spirit's song, 'Taurus,' was stolen by Zeppelin and incorporated into the massive 1971 hit, 'Stairway to Heaven.'

There are a couple of things striking people as odd about the pending lawsuit by a Philadelphia attorney representing the estate of the late guitarist for Spirit, claiming that the chord progression from that band’s song, “Taurus,” was stolen by Led Zeppelin and incorporated into the massive 1971 hit, “Stairway to Heaven.”

First, why way so long? And, is there really a case here?

Released 43 years ago this November, “Stairway” remains the most grandiose rock song to get endlessly spun on the dial. It’s been the staple of countless high school proms, weddings, funerals and holiday countdowns on rock radio. It’s also been the source of derision not just from those who grow tired of overplayed bloat, but even the members of Led Zeppelin themselves, notably singer Robert Plant, who has long been vocal about his dislike for the track.

Still, the song continues to be rediscovered generation after generation, which makes it a very profitable allure for anyone looking to make some coin over it. There is a standard, three-year statute of limitations in cases of alleged copyright infringement. The catch, however, is that each time the song is re-released, no matter the format, said statute of limitations resets. In the case of “Stairway,” it will be next year when the massive re-issue campaign of Led Zeppelin’s catalog will reach the U.K. rock outfit’s untitled fourth album, which contains the song.

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Enter Francis Alexander Malofiy, who is set to file the lawsuit on behalf of Spirit guitarist Randy California, who died in 1997.

“The idea behind this is to make sure that Randy California is given a writing credit on Stairway to Heaven,” Malofiy told Bloomberg Businessweek last Thursday. “It’s been a long time coming.”

The claim certainly isn’t a new one. California himself wrote in the liner notes for a re-issue of the band’s self-titled debut, “People always ask me why ‘Stairway to Heaven’ sounds exactly like ‘Taurus,’ which was released two years earlier.” Timothy English, in his 2007 book about similar melodies of popular songs, “Sounds Like Teen Spirit,” once again brought to light the parallel between “Taurus” and “Stairway.”

The story goes that Zep guitarist Jimmy Page heard Spirit playing the song live when the two bands shared a bill a handful of times in the States in 1968 and decided to add it to the blueprint of “Stairway,” an already-planned epic. Is there any merit to the allegations? Sure. Whether it is enough to stand up in court is another question entirely.

Zeppelin has certainly had its fair share of court cases about music and lyrics it may have borrowed over the years. “Borrowed” being the key word here, because at some point, there had to be a return in the form of payment. Many blues songs were appropriated by the group before a bombastic spin was added.

“The Lemon Song” is a rework of Howlin’ Wolf’s “Killing Floor,” while “Whole Lotta Love” took enough from Willie Dixon’s “You Need Love” that the bluesman was the victor in an out-of-court settlement in 1985 that also gave him a writing credit on the song. Folk singer Anne Bredon was ultimately given a songwriting credit for “Babe, I’m Gonna Leave You,” a song made popular by Joan Baez that Page thought was old enough that it initially received a “Traditional arrangement by” credit. Finally, singer songwriter Jake Holmes received a credit for “Dazed and Confused,” which Page’s former band, The Yardbirds, had covered, while Zeppelin later did its own version.

Even when Led Zeppelin did try to do the right thing with songwriting credits, it managed to come back and haunt them. The song “Boogie with Stu,” which appeared on “Physical Graffiti” in 1975, took some of its inspiration from Ritchie Valens’ “Ooh My Head” and, hearing that Valens’ mother never received any money from her late son’s royalties, the band decided to add “Mrs. Valens” to the credits. Valens’ publisher got wind of the deal and decided to sue Zep for the entire rights to the song. And in what will likely happen with the “Stairway” case, an out of court settlement was reached.

To contact music columnist Michael Christopher, send an email to rockmusicmenu@hotmail.com. Also, check out his blog at www.delcotimes.com